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Termination Clause
Termination Clause

The definition of "termination clause".

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Written by goHeather
Updated over a week ago

In Canada, under the common law, an employee hired for an indefinite period can be dismissed without cause, but only if the employer gives the employee "reasonable notice". Employers can, however, rebut the presumption of reasonable notice with a termination clause in the employment contract. For example, a termination clause can provide for some formula for notice of termination, being less than reasonable notice.

The goHeather termination clause in our contract can limit an employee to minimum standards notice allowed by law or it can provide a formula for some greater amount. It is entirely customizable in the application.

Without a termination clause, an employee will always be entitled to reasonable notice of termination, not just the minimum standards allotment for notice. The minimum standards allotment for notice is not a default, it is a floor that employers cannot contract below. Employers have to explicitly contract with their employees (using a termination clause) to rely on providing their employees minimum standards notice of termination only.


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